Cong class notes 4 9

Cong class notes 4 9 - Government 318: Congress-4/9/2007...

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Government 318: Congress—4/9/2007 Word Bank Sam Fox INS vs. Chadha Standing ANWR (Alaska National Wildlife Reserve) 1. Executive organization- Congress has the power to create and reorganize executive agencies 2. Power of appropriations- Distributes money to different agencies. 3. Power of Authorization- if an agency wants the legal authority to embark upon a program, needs to get a statute from Congress. 4. Power of Confirmation- If Congress can confirm or reject Presidential appointees to major executive positions. If Congress rejects, the next time congress goes into recess, President can make a recess appointment. Can continue occupying the office to which he is appointed until the next Congress convenes. (4/4/2007) President Bush gave a recess appointment to Belgium- Businessman Sam Fox . His contributions went to the Swift boat veterans for truth. Former personnel on swift boats, who disagreed quite sharply with John Kerry’s characterization of what they did in Vietnam. In any event, Kerry still in Senate, used the appointment as an occasion to withhold his consent. Will be in his position until 2009, when Congress switches (effectively, until the end of Bush’s term). Now congress (democrat) can make Bush pay a steep political price. Congress is currently creating lots of problems for the Bush administration, Gonzales thing. Presidential constitutional power is not quite settled, Congress can make President pay a price. 5. Legislative Veto- Some statutes that grant authority to the President, there is a waiting period. During those few weeks, if there is a vote against what the president did, it vetoes that particular action of the president (under this new grant of authority). a. Granted right to Customs/Immigration to alter terms which Congress had granted that aliens could enter U.S. If either house vetoed requirements for residents or citizenship, then the old rule (originally congressionally enacted) would stand. This exercise of legislative veto by Congress visa-via against the Customs/Immigration was challenged by Indian immigrant (v. famous Supreme Court case INS vs. Chadha ). Supreme Court ruled that no where in Constitution was Congress given right to have Legislative Veto. (As a result of L.V. decisive action can be taken by one house, rather than normal procedure, where both houses plus president have to agree). What is notable is that it is the law that they can’t do it, but it still gets done (several statues a year). b. How is that possible? Congress attaches legislative vetoes to grants of authority when it determines or predicts that no one will have standing to challenge that procedure in the U.S. courts. The Supreme Courts and lower courts will not hear complaints ruled on cases brought on by any citizen on any subject. You have to demonstrate that you have standing to bring that particular claim. Your concrete
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interests will suffer concrete injury unless your appeals to the court are granted. Will not permit a citizen who occupies a major position in an interest group to
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This note was uploaded on 09/26/2007 for the course GOVT 3181 taught by Professor Shefter, m during the Spring '07 term at Cornell.

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Cong class notes 4 9 - Government 318: Congress-4/9/2007...

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